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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1774
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I own my own house, after living there a year alone, my

Customer Question

I own my own house, after living there for over a year alone, my partner moved in. We lived together for around 3 years then she met someone else and moved back to her parents. This was between 2009 and 2011. We had a joint account which the mortgage, bills and her car cam out of. Is she entitled to a share in my house? When she moved out the house was in nagative equity.
Submitted: 6 months ago.
Category: Family Law
Expert:  Harris replied 6 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are/were you married?

-Do you have any children together, if so how old are they and what are the arrangements for them?

-Is her name on the title of the property?

-Are there any declarations of trust or formal agreements in place?

-Was there ever an intention that she will be entitled to a share of the property?

Customer: replied 6 months ago.
We were not married, we had no children. The title of the property and mortgage is solely in my name as I bought it alone. She is claiming I said I would add her on to the deeds but I never had any such intention. Never from my part, I never promised anything to her.
Expert:  Harris replied 6 months ago.

What is the charge that she has registered and has she issued a court application, if so what?

Customer: replied 6 months ago.
No, no court application yet. She has registered a restriction on the house with the landed registry.
Customer: replied 6 months ago.
She initially claimed she was entitled to £26,000. I bought the house in 2007 for £110,000 when she ,over out in 2011, the house was in negative equity.
Expert:  Harris replied 6 months ago.

Is the house still in negative equity, if not how much equity is there? What is her basis for £26,000?

Customer: replied 6 months ago.
It is approximately in £10,000 equity as I've over paid on my mortgage in the last 4 years. The £26,000 was based on things that he dad has claimed to have done on the house such as painting, garden renovation etc.
Customer: replied 6 months ago.
All those things were the desire of my ex who 'had to have what she wanted' lots of things were done to the house without my desire.
Expert:  Harris replied 6 months ago.

Thank you - was there any agreement with her father that he/she would ever be compensated for his contribution? Is his contribution actually £26,000?

Customer: replied 6 months ago.
No it was all considered good will as we were living together and he was helping out. No his contribution certainly was not worth £26,000. It seems like quite a coincidence that after being split up for 3 years, the claim was made shortly after his business was declared bankrupt.
Expert:  Harris replied 6 months ago.

Thank you for confirming. I find it surprising that a restriction has been registered on the title. As you were only cohabiting and not married she has no beneficial interest to the property and is usually only able to register a charge by virtue of marriage or if there is a court order in place.

As you were only cohabiting and in the absence of any formal agreements regarding contributions, she is not entitled to anything from the property and it is down to her to prove that there was intention. If there is no agreement reached it would be for her to pursue a claim to the county court to obtain a share or compensation regarding her alleged contributions and the court will assess all the circumstances of the case and decide whether there is evidence to indicate an intention.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Expert:  Harris replied 5 months ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

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